S/West PDP: Fayose, Daniel, Adebutu, Lose At the Court of Appeal

The efforts of the Governor of Ekiti State, Mr. Ayo dele Fayose, former Ogun State Governor, Otunba Gbenga Daniel and a member of the House of Representatives, Hon. Ladi Adebutu to wrest the structure of the party in the South West and Ogun State through the backdoor hit the rocks tyesterday as they failed in their bid to re-list an appeal which had been dismissed earlier.

Two PDP matters came up at the Court of Appeal, namely, the case CA/L/863/2016, which is between PDP Vs. Pegba Otemolu & Others and the second case, CA/L/864/2016 which is between PDP vs. Engr. Adebayo Dayo & others.

The two matters came up for the hearing of motions filed by Dr. Yemi Oke on behalf of the Appellants to vacate Court of Appeal ruling which dismissed the appeals.

However, despite all the efforts mounted by appellant’s counsel, Oke, the Court of Appeal refused to hear the application as other respondents in the cases were not served the hearing notice for the day’s proceedings.

Consequently, the two appeals have been adjourned to the April 12 2018, for hearing of the aforesaid motions.

The implication of today’s Court of Appeal decision is that the judgments of lower court in favour of PDP executives in Ogun State and South-West subsist and remain binding on everyone, including the PDP.

In law, once an appeal has been dismissed, the same cannot be re-listed as the appellant is seeking to do in this case – the Court of Appeal, having become functus officio.